BCDC Jurisdiction and Authority

Jurisdiction

BCDC’s jurisdiction is established in 2 state laws:

 McAteer-Petris Act jurisdictions          McAteer Petris Act jurisdictions

  • The Suisun Marsh Preservation Act has a primary management area of 89,000 acres of tidal marsh, managed wetlands, adjacent grasslands, and waterways; and a secondary management area of 22,500 acres of buffer land.

 For more information, visit BCDC’s jurisdiction webpage. Access maps and spatial data about the Bay, shoreline communities, priority use areas, flood hazards and more visit BCDC's Maps and data webpage.

Authority

BCDC has authority under the federal Coastal Zone Management Act to review activities by federal government agencies that could affect the Bay. This BCDC review happens through a process called “federal consistency” review.

  • BCDC's review can consider development projects and activities that happen outside of BCDC’s state permitting jurisdictions (if they have potential effects on the Bay).

  • There are two main types of federal consistency reviews:

    1. Consistency determinations are submitted by federal agencies for their own projects and activities.

    2. Consistency certifications are submitted by applicants for projects that need federal permits, licenses, or funding.

Benicia Active BCDC Permit

In 1977, BCDC adopted Benicia Waterfront Special Area Plan No.3. This special area included three geographical sectors: Historic Business District, Marina District, and Port District. For the city to develop in these areas, the City was issued BCDC Permit No 5-77.  

Since then, there has been multiple amendments that affect both City capital improvements and private developments. It is essential to consult the most recent documents for accurate and current information. While requirements and conditions are often parcel- or project-specific, some notable conditions include: 

  • Public access must be "maximum feasible" for projects within 100-foot shoreline zone in the Historical Business District. (Reference BCDC Special Area Plan No.3 & BCDC Resolution No. 46)
  • Building heights are capped at 40 feet for projects within 100-foot shoreline zone in the Historic Business District. (Reference BCDC Special Area Plan No.3 & BCDC Resolution No. 46)
  • Developers and the City cannot proceed with waterfront fill, dredging, or substantial alteration in the BCDC jurisdiction without compliance with the BCDC permit and its conditions. (Reference BCDC Permit No. 5-77)

 

For more information, view the following documents.